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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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First question I received a a notification to appear in

This answer was rated:

First question:

I received a a notification to appear in person for a pretrial conference. The plaintiff is a collection agency. Am I being sued? It says that If I don't appear, or my attorney, a judgment will be entered against me. What do I do?

This is my situation:

Recently, I just finished paying the bankruptcy attorney's fees. I live in Florida. However, I've been delaying the filing for about two months ago. The reason it's simply because I want to protect the little funds I have. Under Florida Law, if I have assets of more than $4000.00, I'd have to turn them to the trustee. Anyway, a couple of months ago, I had assets equaling more than $4000.00.

However, this is not the case anymore. I lost my full time job since December and I've been unemployed since them. Right now, I went back to school.

Around February or March, I put around $2500 into my IRA. I also received my income tax, about $1800. I also had an insurance settlement for about $ 1700. I, also received a bonus for $1500 for being a reservist in the Air Force.

Second question is: if I file for bankruptcy, is there a chance that the trustee would demand some of this money I received? At this point, there is not much left. This is why I've delayed the filing because I want more than six months to pass after having received all of these funds.

I'm just worried because I feel that these collection agencies are cornering me with these court appearances.


Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on


1. If you received a notice to appear in Court and your name is XXXXX XXXXX defendant, you are being sued and need to appear in Court.


Under the bankruptcy code, prior to filing bankruptcy you can transfer NON EXEMPT assets into EXEMPT ASSETS.


If you have done this, such as putting some money into an IRA, or using them to purchase exempt assets the trustee would not ask you to pay it to the Court, especially if it has been a few months later.


Since you do not have the money and most of it went to an exempt IRA I would not worry


According to Bankruptcy Court interpretation on what is a fruadulant transfer the Court stated the trustee much establish each of the following elements:

1) that an interest of the debtor in property was transferred;
2) that the transfer of that interest occurred within one year before the date of filing of the bankruptcy petition;
3) that the debtor received less than "reasonably equivalent value" in exchange for the transfer at issue;
4) that the debtor was insolvent on the date of the transfer or became insolvent because of the transfer.


If you have any further questions please do not hesitate to ask


If satisfied please press the accept button so we can receive credit.

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